Post by Banjo on Dec 11, 2012 10:48:24 GMT 7
WRG emailed me this today so I'm going to pass it on relatively complete.
From the Director - Program of Support “Catch 22”
As the September 2011 changes to Disability Support Pension (DSP) are taking effect, WRC is increasingly seeing harsh negative consequences for our clients. These problems centre on the requirement for claimants to have participated in a “program of support”, for up to 18 months before being eligible for DSP. A program of support is usually an employment service designed to assist them to find work or acquire work skills. If a person has been assessed as severely disabled, i.e. they score 20+ points on one “impairment table”; they do not have to meet the program of support requirement.
Requiring claimants to first make serious attempts to acquire needed work skills sounds reasonable, however the problem is that some people get stuck in a “catch-22” situation where they are assessed as not severely disabled according to DSP eligibility standards, so therefore they must attend a program of support, and yet they are actually unable to do so. This is usually either because of having several different disabilities (rather than one major impairment which fits into one impairment table) or because they do not qualify for a job-seeker payment, such as Newstart Allowance (NSA), from which they could be referred to a program of support. This is often due to the stricter income and assets tests for allowance payments. Confused? Our clients certainly are; bewildered too.
You can find an explanation of the eligibility requirements for Disability Support Pension on our website www.wrcqld.org.au/dealing-with-centrelink/common-situations-and-solutions/disability.html.
Of the people who cannot satisfy the program of support requirement, by far the largest number are those people who are not considered severely disabled, however, their multiple “moderate” impairments mean that they are medically unable to even begin participating in a program of support. People in this category may have permanent conditions that are unlikely to ever improve i.e. they may be permanently incapable of beginning a program of support, in which case they will never be able to meet the DSP criteria, despite being unable to work, or in the case of some of our clients, even care for themselves. One WRC client was assessed as ineligible for DSP, due to being stuck in this endless loop of not being considered severely disabled, under the 20+ impairment points on one table rule, despite being unable to even begin a program – he requires continuous care.
A solution to this impasse proposed by WRC is that if a person can produce medical evidence that they are prevented, solely because of their impairment, from improving their capacity to find, gain or remain in employment through participation in a program of support, then this requirement should be waived.
The second largest number of “stuck” clients is those who are unable to access a Disability Employment Service or Job Service Provider. This may be due to:
1. ineligibility for a payment due to partner income above NSA but under DSP threshold;
2. receipt of a payment that does not have activity test requirements (eg Widows Allowance);
3. exemption from activity test requirements due to doing volunteer work (aged over 55);
4. ineligibility for payment due to being New Zealand citizen not meeting other requirements and needing to be considered under the International Agreement;
5. other temporary exemption from activity test (eg due to care responsibilities).
For those in group 1. One possibility is to suggest they access a private or public rehabilitation or return to work program (one example might be a pain management clinic). Of course, they may not be able to afford this. For those in groups 2 – 4, the only advice we can give these clients is to voluntarily cease their exemption and return to activity testing, so they can receive a funded program of support. This may not be in the best interests of the client.
On the death of her husband, “Amy”, who had been receiving Carer Payment while she cared for him, was advised by Centrelink to apply for Widows Allowance, so that she would not have to meet any activity requirements. Amy is herself quite disabled, assessed as having 30 impairment points, but on different tables. Amy is struggling to make ends meet on Widows Allowance and with her disabilities, age and years spent caring, (i.e. out of the paid workforce), her likelihood of securing and maintaining paid work looks slim. From the point of view of assisting Amy to obtain DSP, the best strategic advice would be for her to transfer to Newstart Allowance, from which she would be referred to a program of support and could then hopefully begin the process to demonstrate her eligibility for DSP. On the other hand, we are also aware that this strategy may be further detrimental to her health and ultimately a waste of time and public resources.
Clearly this situation is unjust and needs to change. The National Welfare Rights Network is putting together a paper on problems relating to the program of support requirement and potential solutions. Member organisations, such as WRC, are contributing to this paper. If you have any comments in relation to the program of support requirement, you are welcome to send them to us and we’ll pass them on.
From the Director - Program of Support “Catch 22”
As the September 2011 changes to Disability Support Pension (DSP) are taking effect, WRC is increasingly seeing harsh negative consequences for our clients. These problems centre on the requirement for claimants to have participated in a “program of support”, for up to 18 months before being eligible for DSP. A program of support is usually an employment service designed to assist them to find work or acquire work skills. If a person has been assessed as severely disabled, i.e. they score 20+ points on one “impairment table”; they do not have to meet the program of support requirement.
Requiring claimants to first make serious attempts to acquire needed work skills sounds reasonable, however the problem is that some people get stuck in a “catch-22” situation where they are assessed as not severely disabled according to DSP eligibility standards, so therefore they must attend a program of support, and yet they are actually unable to do so. This is usually either because of having several different disabilities (rather than one major impairment which fits into one impairment table) or because they do not qualify for a job-seeker payment, such as Newstart Allowance (NSA), from which they could be referred to a program of support. This is often due to the stricter income and assets tests for allowance payments. Confused? Our clients certainly are; bewildered too.
You can find an explanation of the eligibility requirements for Disability Support Pension on our website www.wrcqld.org.au/dealing-with-centrelink/common-situations-and-solutions/disability.html.
Of the people who cannot satisfy the program of support requirement, by far the largest number are those people who are not considered severely disabled, however, their multiple “moderate” impairments mean that they are medically unable to even begin participating in a program of support. People in this category may have permanent conditions that are unlikely to ever improve i.e. they may be permanently incapable of beginning a program of support, in which case they will never be able to meet the DSP criteria, despite being unable to work, or in the case of some of our clients, even care for themselves. One WRC client was assessed as ineligible for DSP, due to being stuck in this endless loop of not being considered severely disabled, under the 20+ impairment points on one table rule, despite being unable to even begin a program – he requires continuous care.
A solution to this impasse proposed by WRC is that if a person can produce medical evidence that they are prevented, solely because of their impairment, from improving their capacity to find, gain or remain in employment through participation in a program of support, then this requirement should be waived.
The second largest number of “stuck” clients is those who are unable to access a Disability Employment Service or Job Service Provider. This may be due to:
1. ineligibility for a payment due to partner income above NSA but under DSP threshold;
2. receipt of a payment that does not have activity test requirements (eg Widows Allowance);
3. exemption from activity test requirements due to doing volunteer work (aged over 55);
4. ineligibility for payment due to being New Zealand citizen not meeting other requirements and needing to be considered under the International Agreement;
5. other temporary exemption from activity test (eg due to care responsibilities).
For those in group 1. One possibility is to suggest they access a private or public rehabilitation or return to work program (one example might be a pain management clinic). Of course, they may not be able to afford this. For those in groups 2 – 4, the only advice we can give these clients is to voluntarily cease their exemption and return to activity testing, so they can receive a funded program of support. This may not be in the best interests of the client.
On the death of her husband, “Amy”, who had been receiving Carer Payment while she cared for him, was advised by Centrelink to apply for Widows Allowance, so that she would not have to meet any activity requirements. Amy is herself quite disabled, assessed as having 30 impairment points, but on different tables. Amy is struggling to make ends meet on Widows Allowance and with her disabilities, age and years spent caring, (i.e. out of the paid workforce), her likelihood of securing and maintaining paid work looks slim. From the point of view of assisting Amy to obtain DSP, the best strategic advice would be for her to transfer to Newstart Allowance, from which she would be referred to a program of support and could then hopefully begin the process to demonstrate her eligibility for DSP. On the other hand, we are also aware that this strategy may be further detrimental to her health and ultimately a waste of time and public resources.
Clearly this situation is unjust and needs to change. The National Welfare Rights Network is putting together a paper on problems relating to the program of support requirement and potential solutions. Member organisations, such as WRC, are contributing to this paper. If you have any comments in relation to the program of support requirement, you are welcome to send them to us and we’ll pass them on.